An Act relative to harassment prevention orders

194th Legislature (2025-2026) Introduced by Mike Kushmerek

Expands harassment prevention orders by allowing remote hearings and alternative service after failed in-person attempts, boosting access and faster protection.

Overview

HD 4000 is a proposed Massachusetts bill introduced for the 2025-2026 General Court. Its central aim is to enhance harassment prevention orders (HPOs) by expanding how hearings can be conducted and how service of process can be effected, improving access and efficiency for petitioners and respondents under the harassment framework. The bill proposes amendments to two chapters: Chapter 258E (Harassment Prevention Orders) and Chapter 209A (Abuse Prevention Act).

Key Provisions

1) Hearings by Remote means (Chapter 258E, new Section 13)

If a plaintiff’s physical condition may prevent appearing in court, either permanently or within the ten court business days after notice for a hearing, the court, in its discretion, may conduct the hearing by speakerphone or video.

The court should conduct the hearing in the courtroom so that the recording of the hearing is made.

2) Alternative Service of Process (Chapter 258E, new Section 14)

When in-hand service cannot be completed due to:

lack of knowledge of the defendant’s whereabouts,
evidence that the defendant is avoiding service,
or other reasons,

a judge may authorize service by alternative means after finding that law enforcement made conscientious, reasonable efforts to effect service but failed.

3) Alternative Service of Process (Chapter 209A, new Section 12)

Mirrors the same alternative-service framework as in Chapter 258E, allowing service by alternative means when in-hand service cannot be completed for the same sets of reasons, following a finding of reasonable efforts by law enforcement.

Who Is Affected

Petitioners seeking harassment prevention orders (often victims or safeguarded individuals).

Respondents named in HPAs.

Courts and law enforcement personnel responsible for service of process and ensuring hearings are conducted properly.

General public and interested parties in harassment and abuse protection contexts.

Procedural and Timeline Aspects

Hearing timing: hearings after notice must typically occur within the ten court business days, with the option for remote participation if the petitioner cannot appear physically.

Recording: remote hearings conducted under this bill are to be recorded (in-courtroom recording emphasized even when remote participation is used).

Service of process: provides an explicit pathway to use alternative service methods after reasonable, documented efforts by law enforcement fail to effect in-hand service.

Potential Impact

Improved access to HPOs for individuals with disabilities, chronic illness, or other barriers to appearing in person.

Greater flexibility in serving protective orders, reducing delays caused by difficulty locating defendants.

Decisions on HPOs may proceed more quickly where physical attendance is impractical, subject to due-process safeguards.

Requires clear protocols for remote hearings and service methods, with attention to recording and privacy considerations.

Note: The bill is labeled as a proposed measure (HD 4000) with background citations to the Massachusetts General Laws and the sponsor Michael P. Kushmerek. Status is not provided in the available text.

Bill